Environmental Law (1982)

During the survey period the major cases dealing with environmental law arose under one or both of two environmental statutes. This Article will first discuss the cases which arose under the National Environmental Policy Act of 1969. The second section of the Article will survey the cases decided under the Federal Water Pollution Control Act Amendments of 1972

Environmental Law (1982)

During the survey period the major cases dealing with environmental law arose under one or both of two environmental statutes. This Article will first discuss the cases which arose under the National Environmental Policy Act of 1969. The second section of the Article will survey the cases decided under the Federal Water Pollution Control Act Amendments of 1972

Intellectual Property

Intellectual property refers to patents, trademarks, copyrights, and related matters. This subject has been absent from the symposium for two years. However, the importance of the cases in this area that were decided by the Fifth Circuit during the current survey period justifies a return of the subject to the symposium. The majority of these cases concern the validity of patents and are discussed in the first part of the Survey. The second part of the Survey is a discussion of an important case in the field of copyright law

Intellectual Property

Intellectual property refers to patents, trademarks, copyrights, and related matters. This subject has been absent from the symposium for two years. However, the importance of the cases in this area that were decided by the Fifth Circuit during the current survey period justifies a return of the subject to the symposium. The majority of these cases concern the validity of patents and are discussed in the first part of the Survey. The second part of the Survey is a discussion of an important case in the field of copyright law

Improving Equity: Improving Baccalaureate Attainment of Underrepresented Students in California

This paper focuses an empirical lens on the volume of change needed to eliminate gaps in baccalaureate achievement rates affecting California's underrepresented minority groups

Improving Individual Decision Making in Groups

Group decision making is often flawed, possibly because individual group members fail to pay attention to and integrate available information into their decision. This paper investigated groupware processes that provided categories for information and that required the receiver of comments to categorize the information. These processes led to increased attention to information and increased integration of information, which in turn led to improved decision quality

Resilience, Grit, and Hardiness: Determining the Relationships amongst these Constructs through Structural Equation Modeling Techniques

A significant body of research has demonstrated the need to better understand character constructs that are integral in influencing and predicting human performance, specifically investigating resilience, grit, and hardiness. However, limited studies have examined the relationships that exist within these constructs. The current research addresses this gap by utilizing numerous structural equation modeling techniques to report on the relationships among resilience, grit, and hardiness. Employing a sample from the United States Military Academy (N = 1205), participants were asked to complete the Response to Stressful Experiences Scale, the Grit Scale, and the Dispositional Resilience Scale as part of the Reception Day battery of tests. Correlations matrixes reported positive relationships amongst resilience, grit, and hardiness. Confirmatory factor analyses (CFAs) revealed a six-factor model structure of resilience and a bi-factor model of grit and hardiness. Additional CFAs revealed a three-factor model structure among the three constructs, resilience, grit, and hardiness. Implications for further work are presented

Judicial Development of Standards of Liability in Government Enforcement Actions under the Comprehensive Environmental Response, Compensation and Liability Act

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) represents the first major attempt on a national level to address the problem of abandoned hazardous waste sites. CERCLA permits an action to be brought in federal court for recovery of amounts disbursed from the Superfund against, inter alia, any person who arranges for treatment or disposal of wastes at a site, typically the generator of the hazardous wastes. CERCLA\u27s enforcement provisions contain numerous ambiguities and apparent inconsistencies on issues that directly affect the potential liability of CERCLA\u27s defendants. Many of the inadequacies probably can be traced to the last-minute compromise which led to the passage of the statute. The net effect of inadequate drafting and consideration of Superfund legislation is that the task of forging meaningful standards for liability under the final product is left largely to the courts. This Article discusses the significant legal issues which arise in government enforcement actions regarding the imposition of liability under CERCLA, and examines the role that courts have played in developing applicable standards of liability. This Article also examines the state of the law in the context of two common scenarios: (a) actions under section 107 of CERCLA for recovery of costs of response at a hazardous waste site; and (b) actions under section 106 of CERCLA for injunctive relief. Finally, this Article addresses: (1) who may be held liable; (2) under what conditions liability may arise; (3) what standard for liability exists; and (4) the extent of potential liability